52A North-South Ministerial Council and British-Irish Council
(1) The First Minister and the deputy First Minister acting jointly shall, as far in advance of each meeting of the North-South Ministerial Council or the British-Irish Council as is reasonably practicable, give to the Executive Committee and to the Assembly the following information in relation to the meeting—
(a) the date;
(b) the agenda; and
(c) (once determined under this section) the names of the Ministers or junior Ministers who are to attend the meeting.
(2) Each Minister or junior Minister who has responsibility (whether or not with another Minister or junior Minister) in relation to any matter included in the agenda for a meeting of either Council (“appropriate Minister”) shall be entitled—
(a) to attend the meeting; and
(b) to participate (see section 52C) in the meeting so far as it relates to that matter.
(3) An appropriate Minister may nominate another Minister or junior Minister—
(a) to attend the meeting in place of the appropriate Minister; and
(b) to participate in the meeting so far as it relates to matters for which the appropriate Minister has responsibility,
but a person may not be nominated under this subsection without his consent.
(4) Each appropriate Minister shall notify the First Minister and the deputy First Minister, as soon as reasonably practicable and in any event no later than 10 days before the date of the meeting, that—
(a) he intends to attend the meeting;
(b) he does not intend to attend the meeting but has nominated another person under subsection (3) to attend in his place; or
(c) he does not intend to attend the meeting and he does not intend, or has not been able, to make such a nomination,
and a notification under paragraph (b) shall include the name of the person nominated.
(5) If the appropriate Minister gives a notification under subsection (4)(c) (or if the First Minister and the deputy First Minister receive no notification from him under subsection (4)), the First Minister and the deputy First Minister acting jointly shall nominate a Minister or junior Minister—
(a) to attend the meeting in place of the appropriate Minister; and
(b) to participate in the meeting so far as it relates to matters for which the appropriate Minister has responsibility.
(6) In relation to a matter for which the First Minister and the deputy First Minister are the appropriate Ministers—
(a) the notification to be made by each of them under subsection (4) shall be made to the other; and
(b) if either of them (“A”) gives a notification under subsection (4)(c) (or if the other (“B”) receives no notification from A under subsection (4)), B (acting alone) shall make the nomination under subsection (5) in relation to A.
(7) The First Minister and the deputy First Minister acting jointly shall make such nominations (or further nominations) of Ministers and junior Ministers (including where appropriate alternative nominations) as they consider necessary to ensure such cross-community participation in either Council as is required by the Belfast Agreement.
(8) Subsection (9) applies in relation to any matter included in the agenda for a meeting of either Council if—
(a) the First Minister and the deputy First Minister are not the appropriate Ministers in relation to the matter; but
(b) the matter is one that ought, by virtue of section 20(3) or (4), to be considered by the Executive Committee.
(9) The First Minister and the deputy First Minister acting jointly shall also be entitled—
(a) to attend the meeting; and
(b) to participate in the meeting so far as it relates to that matter.
(10) In this section “day” does not include a Saturday, a Sunday, Christmas Day, Good Friday and any day which is a bank holiday in Northern Ireland.
52B Section 52A: duty to attend Council meetings etc
(1) It shall be a Ministerial responsibility of—
(a) each appropriate Minister; or
(b) if a Minister or junior Minister is nominated under section 52A(3) or (5) to attend a meeting of the North-South Ministerial Council or the British-Irish Council in place of an appropriate Minister, that Minister or junior Minister,
to participate in the meeting so far as it relates to matters for which the appropriate Minister has responsibility.
(2) It shall be a Ministerial responsibility of a Minister or junior Minister nominated to attend a meeting of either Council under section 52A(7) to participate in the meeting so far as specified in the nomination.
(3) Each appropriate Minister shall give to—
(a) a person nominated under section 52A(3) or (5) to attend a meeting of either Council in his place; or
(b) a person nominated under section 52A(7) to participate in a meeting of either Council so far as specified in the nomination,
such information as may be necessary to enable the person's full participation in the meeting.
(4) But if the appropriate Minister does not give sufficient information under subsection (3) to enable the person's full participation in the meeting—
(a) the First Minister and the deputy First Minister acting jointly may request the necessary information; and
(b) if they do so, the appropriate Minister must give that information to the person nominated.
(5) A person nominated under section 52A(3) or (5) may enter into agreements or arrangements in respect of matters for which the appropriate Minister is (or the appropriate Ministers are) responsible.
(6) Without prejudice to the operation of section 24, a Minister or junior Minister attending a meeting of either Council by virtue of any provision of section 52A or this section shall act in accordance with any decisions of the Assembly or the Executive Committee (by virtue of section 20) which are relevant to his participation in the Council concerned.
(7) In this section “appropriate Minister”, in relation to a meeting of the North-South Ministerial Council or the British-Irish Council, has the same meaning as in section 52A.
(1) If any question arises under section 52A or 52B as to which Minister or junior Minister has responsibility for any matter, the First Minister and the deputy First Minister acting jointly shall determine that question.
(2) A Minister or junior Minister who participates in a meeting of either the North-South Ministerial Council or the British-Irish Council by virtue of any provision of section 52A or 52B shall, as soon as reasonably practicable after the meeting, make a report—
(a) to the Executive Committee; and
(b) to the Assembly.
(3) A report under subsection (2)(b) shall be made orally unless standing orders authorise it to be made in writing.
(4) The Northern Ireland contributions towards the expenses of the Councils shall be defrayed as expenses of the Office of the First Minister and deputy First Minister.
(5) In sections 52A and 52B and this section “participate” shall be construed—
(a) in relation to the North-South Ministerial Council, in accordance with paragraphs 5 and 6 of Strand Two of the Belfast Agreement;
(b) in relation to the British-Irish Council, in accordance with the first paragraph 5 of Strand Three of that Agreement.
53 Agreements etc. by persons participating in Councils.
(1) This section applies to any agreement or arrangement entered into by a Minister or junior Minister participating, by reason of any provision of section 52A or 52B, in a meeting of the North-South Ministerial Council or the British-Irish Council.
(2) Provision may be made by Act of the Assembly for giving effect to any agreement or arrangement to which this section applies, including provision—
(a) for transferring to any body designated by or constituted under the agreement or arrangement any functions which would otherwise be exercisable by any Minister or Northern Ireland department;
(b) for transferring to a Minister or Northern Ireland department any functions which would otherwise be exercisable by any authority outside Northern Ireland.
(3) Subsection (2) has effect notwithstanding anything in subsection (2)(a) of section 6; but it does not affect—
(a) the operation of subsection (2)(b) to (f) of that section; or
(b) the operation of section 7A, 8 or 15 in relation to the enactment of any Act of the Assembly.
(4) No agreement or arrangement to which this section applies entered into for the establishment after the appointed day of an implementation body shall come into operation without the approval of the Assembly.
(5) In subsection (4) “implementation body” means a body for implementing, on the basis mentioned in paragraph 11 of Strand Two of the Belfast Agreement, policies agreed in the North-South Ministerial Council.
(1) This section applies where excepted or reserved matters relating to Northern Ireland are to be discussed at a meeting of the British-Irish Intergovernmental Conference.
(2) The First Minister and the deputy First Minister acting jointly shall ensure that there is such cross-community attendance by Ministers and junior Ministers at the meeting as is required by the Belfast Agreement.
(1) The Secretary of State may make an order about any body—
(a) which he considers to be an implementation body; and
(b) which is, or is to be, established on or before the appointed day.
(2) An order under this section may make any such provision as may be made (after the appointed day) by Act of the Assembly and may in particular—
(a) confer on the body the legal capacities of a body corporate;
(b) confer on the body any function which the Secretary of State considers necessary or expedient for the purpose for which it is, or is to be, established;
(c) confer on a Northern Ireland department power to make grants to the body out of money appropriated by Act of the Assembly;
(d) make provision as to the accounting and audit arrangements which are to apply in relation to the body; and
(e) make consequential or supplementary provisions, including provisions amending or repealing any Northern Ireland legislation, or any instrument made under such legislation.
(3) In this section “implementation body” means a body for implementing, on the basis mentioned in paragraph 11 of Strand Two of the Belfast Agreement, policies agreed in the North-South Ministerial Council.
(1) The First Minister and the deputy First Minister acting jointly shall make arrangements for obtaining from the Forum its views on social, economic and cultural matters.
(2) The arrangements so made shall not take effect until after they have been approved by the Assembly.
(3) The expenses of the Forum shall be defrayed as expenses of the Department of Finance and Personnel.
(4) In this section “the Forum” means the consultative Civic Forum established in pursuance of paragraph 34 of Strand One of the Belfast Agreement by the First Minister and the deputy First Minister acting jointly.
(1) The Consolidated Fund of Northern Ireland shall continue to exist.
(2) Sums forming part of the Fund—
(a) shall be appropriated to the public service of Northern Ireland by Act of the Assembly; and
(b) shall not be applied for any purpose for which they are not appropriated.
(3) Subsection (2) is subject to section 59 and to any provision which charges sums on the Fund and is made—
(a) by or under an Act of Parliament; or
(b) by an Act of the Assembly or other Northern Ireland legislation.
The Secretary of State shall from time to time make payments into the Consolidated Fund of Northern Ireland out of money provided by Parliament of such amounts as he may determine.
59 Payments out of Fund without appropriation Act.
(1) If an Act is not passed at least three working days before the end of a financial year (“year 1”) authorising the issue out of the Consolidated Fund of Northern Ireland of sums for the service of the next financial year (“year 2”)—
(a) the authorised officer of the Department of Finance and Personnel may, subject to any Act subsequently passed, authorise the issue of sums out of that Fund for the service of year 2; and
(b) the sums so issued shall be appropriated for such services and purposes as the officer may direct.
(2) The aggregate of the sums issued under subsection (1) for the service of year 2 shall not exceed 75 per cent of the total amount appropriated by Act for the service of year 1.
(3) If an Act is not passed before the end of July in any financial year authorising the issue out of the Consolidated Fund of Northern Ireland of sums for the service of the year—
(a) the authorised officer of the Department of Finance and Personnel may, subject to any Act subsequently passed, authorise the issue of sums out of that Fund for the service of the year; and
(b) the sums so issued shall be appropriated for such services and purposes as the officer may direct.
(4) The aggregate of the sums issued under subsection (3), and (where applicable) the sums issued under subsection (1), for the service of any financial year shall not exceed 95 per cent of the total amount appropriated by Act for the service of the preceding financial year.
(5) In this section—
“Act” means an Act of the Assembly or, in relation to any time before the appointed day, an Order in Council under Schedule 1 to the Northern Ireland Act 1974;
“authorised officer”, in relation to the Department of Finance and Personnel, means the Permanent Secretary or such other officer as may be nominated by him for the purpose.
(1) In so far as such provision has not been made, an Act of the Assembly or other Northern Ireland legislation shall make provision—
(a) for proper accounts to be prepared by the Northern Ireland departments, and by other persons to whom sums are paid directly out of the Consolidated Fund of Northern Ireland, of their expenditure and receipts;
(b) for the Department of Finance and Personnel to prepare an account of payments into and out of the Fund;
(c) for the Comptroller and Auditor General for Northern Ireland to exercise, or ensure the exercise by other persons of, the functions mentioned in subsection (2);
(d) for access by persons exercising those functions to such documents as they may reasonably require;
(e) for members of the Northern Ireland Civil Service designated for the purpose to be answerable to the Assembly in respect of the expenditure and receipts of each of the Northern Ireland departments; and
(f) for the publication of accounts prepared in pursuance of paragraphs (a) and (b), and of reports on such accounts, and for the laying of such accounts and reports before the Assembly.
(2) The functions referred to in subsection (1)(c) are—
(a) issuing credits for the payment of sums out of the Fund;
(b) examining accounts prepared in pursuance of subsection (1)(a) and (b) (which includes determining whether sums paid out of the Fund have been paid out and applied in accordance with section 57), and certifying and reporting on them;
(c) carrying out examinations into the economy, efficiency and effectiveness with which the Northern Ireland departments have used their resources in discharging their functions; and
(d) carrying out examinations into the economy, efficiency and effectiveness with which other persons determined under Northern Ireland legislation to whom sums are paid directly out of the Fund have used those sums in discharging their functions.
(3) Standing orders shall make provision for establishing a committee of members of the Assembly to consider accounts, and reports on accounts, laid before the Assembly in pursuance of this section or any other enactment.
(4) Persons (other than the Comptroller and Auditor General for Northern Ireland) charged with the exercise of any function under subsection (2) or other like function conferred by Northern Ireland legislation shall not, in the exercise of that or any ancillary function, be subject to the direction or control of any Minister or Northern Ireland department or of the Assembly.
(5) Subsection (2)(b) does not apply to accounts prepared by the Comptroller and Auditor General for Northern Ireland.
(1) The Secretary of State may advance to the Department of Finance and Personnel sums required for the purpose of—
(a) meeting a temporary excess of sums to be paid out of the Consolidated Fund of Northern Ireland over sums paid into the Fund; or
(b) providing a working balance in the Fund.
(2) The Treasury may issue to the Secretary of State out of the National Loans Fund any sum which he requires for the making of an advance under this section.
(3) The aggregate at any time outstanding in respect of the principal of sums advanced under this section shall not exceed £250 million.
(4) Sums advanced under this section shall be repaid to the Secretary of State at such times and by such methods, and interest on them shall be paid to him at such rates and at such times, as the Treasury may determine.
(5) Sums received by the Secretary of State under subsection (4) shall be paid into the National Loans Fund.
(6) Amounts required for the repayment of, or the payment of interest on, sums advanced under this section shall be charged on the Consolidated Fund of Northern Ireland.
(7) The Secretary of State may by order, with the consent of the Treasury, substitute for the amount specified in subsection (3) such increased amount as may be specified in the order.
(1) The Secretary of State shall, for each financial year—
(a) prepare, in such form and manner as the Treasury may direct, an account of sums paid and received by him under section 61; and
(b) send the account to the Comptroller and Auditor General not later than the end of November in the following financial year.
(2) The Comptroller and Auditor General shall—
(a) examine, certify and report on the account; and
(b) lay copies of it and his report before each House of Parliament.
(1) The Assembly may not pass a vote, resolution or Act to which this subsection applies except in pursuance of a recommendation which—
(a) is made by the Minister of Finance and Personnel; and
(b) is signified to the Assembly by him or on his behalf.
(2) Subsection (1) applies to a vote, resolution or Act which—
(a) imposes or increases a charge on the Consolidated Fund of Northern Ireland;
(b) appropriates a sum out of that Fund or increases a sum to be appropriated;
(c) releases or compounds a debt owed to the Crown; or
(d) imposes or increases a tax.
(3) Standing orders shall provide that a vote, resolution or Act which—
(a) appropriates a sum out of the Consolidated Fund of Northern Ireland or increases a sum to be appropriated; or
(b) imposes or increases a tax,
shall not be passed without cross-community support.
(1) The Minister of Finance and Personnel shall, before the beginning of each financial year, lay before the Assembly a draft budget, that is to say, a programme of expenditure proposals for that year which has been agreed by the Executive Committee in accordance with paragraph 20 of Strand One of the Belfast Agreement.
(1A) At least 14 days before laying a draft budget for a financial year, the Minister of Finance and Personnel must lay before the Assembly a statement specifying the amount of UK funding for that year notified to the Minister by the Secretary of State.
(1B) At the same time as laying a draft budget for a financial year, the Minister of Finance and Personnel must lay before the Assembly a statement showing that the amount of UK funding required by the draft budget does not exceed the amount specified under subsection (1A) for that year.
(1C) Subsection (1D) applies if, after a draft budget for a financial year has been laid before the Assembly, the Secretary of State notifies the Minister of Finance and Personnel that the amount of UK funding for that year has been revised to the amount specified in the notification.
(1D) Before the end of the period of four months beginning with the day on which the notification under subsection (1C) was given, the Minister of Finance and Personnel must lay before the Assembly a statement specifying the revisions to the expenditure proposals which are required in consequence of the notification.
(1E) The amount of UK funding required by the expenditure proposals (taking account of the revisions under subsection (1D)) must not exceed the amount specified in the notification under subsection (1C).
(2) The Assembly may, with cross-community support, approve a draft budget laid before them with or without modification.
(3) In this section references to UK funding, in relation to a financial year, are to funding from such sources as are specified in the notification mentioned in subsection (1A) in relation to that year.
(1) The Comptroller and Auditor General for Northern Ireland shall be appointed by Her Majesty on the nomination of the Assembly.
(2) A recommendation shall not be made to Her Majesty for the removal from office of the Comptroller and Auditor General for Northern Ireland unless—
(a) the Assembly so resolves; and
(b) the resolution is passed with the support of a number of members of the Assembly which equals or exceeds two thirds of the total number of seats in the Assembly.
(3) The Comptroller and Auditor General for Northern Ireland shall not, in the exercise of any of his functions, be subject to the direction or control of any Minister or Northern Ireland department or of the Assembly; but this subsection does not apply in relation to any function conferred on him of preparing accounts.
(4) The accounts of the Consolidated Fund of Northern Ireland shall be audited by the Comptroller and Auditor General for Northern Ireland in accordance with the Exchequer and Audit Act Northern Ireland) 1921.
(5) Subsection (4) is subject to any provision of an Act of the Assembly or other Northern Ireland legislation.
(6) The Assembly shall not have power under Article 4(1) of the Audit (Northern Ireland) Order 1987 to pass at any time a resolution which reduces the salary payable to a person holding the office of Comptroller and Auditor General for Northern Ireland at that time.
(1) Standing orders shall make provision for establishing a committee of members of the Assembly to exercise, in place of the Department of Finance and Personnel, the functions conferred on that Department by Article 6(2) of the Audit (Northern Ireland) Order 1987 (expenses of Northern Ireland Audit Office).
(2) No more than one member of the committee established under subsection (3) of section 60 may be a member of the committee established under this section.
(3) The committee established under this section shall, in discharging its functions, have regard to the advice of the committee established under that subsection and of the Department of Finance and Personnel.
(1) The Treasury may require the Northern Ireland Ministers and departments to provide, within such period as the Treasury may specify, such information, in such form and prepared in such manner, as the Treasury may specify.
(2) If the information is not in their possession or under their control, their duty under subsection (1) is to take all reasonable steps to comply with the requirement.
67A Accounts etc to be laid before House of Commons if no functioning Assembly
(1) A person must send to the Secretary of State a copy of any minutes, accounts, reports, or other documents, that, during a period in which the Assembly is not functioning, the person lays before the Assembly under a relevant provision.
(2) The Secretary of State must lay before the House of Commons anything received under subsection (1).
(3) In this section “relevant provision” means—
(a) section 10(4), 11(3)(c), 16(4) or 24(2) of the Government Resources and Accounts Act (Northern Ireland) 2001, or
(b) Article 8 of the Financial Provisions (Northern Ireland) Order 1993 (S.I. 1993/1252 (N.I. 5)).
(4) In this section “period in which the Assembly is not functioning” means a period—
(a) beginning with the first day after the end of the period in which an Assembly must meet if, at the end of that period, the Presiding Officer and deputies are not in post, and
(b) ending with the next day on which the Presiding Officer and deputies are in post.
(5) In subsection (4)—
(a) a reference to a Presiding Officer or deputy being in post is a reference to their being in post having been elected under section 39(1) after the day of the poll at which the Assembly referred to in subsection (4)(a) is elected, and
(b) a reference to the period in which an Assembly must meet is a reference to the period referred to in section 31(4).
(1) There shall be a body corporate to be known as the Northern Ireland Human Rights Commission.
(2) The Commission shall consist of a Chief Commissioner and other Commissioners appointed by the Secretary of State.
(3) In making appointments under this section, the Secretary of State shall as far as practicable secure that the Commissioners, as a group, are representative of the community in Northern Ireland.
(4) Schedule 7 (which makes supplementary provision about the Commission) shall have effect.
(1) The Commission shall keep under review the adequacy and effectiveness in Northern Ireland of law and practice relating to the protection of human rights.
(2) The Commission shall, before the end of the period of two years beginning with the commencement of this section, make to the Secretary of State such recommendations as it thinks fit for improving—
(a) its effectiveness;
(b) the adequacy and effectiveness of the functions conferred on it by this Part; and
(c) the adequacy and effectiveness of the provisions of this Part relating to it.
(3) The Commission shall advise the Secretary of State and the Executive Committee of the Assembly of legislative and other measures which ought to be taken to protect human rights—
(a) as soon as reasonably practicable after receipt of a general or specific request for advice; and
(b) on such other occasions as the Commission thinks appropriate.
(4) The Commission shall advise the Assembly whether a Bill is compatible with human rights—
(a) as soon as reasonably practicable after receipt of a request for advice; and
(b) on such other occasions as the Commission thinks appropriate.
(5) The Commission may—
(a) give assistance to individuals in accordance with section 70; and
(b) bring proceedings involving law or practice relating to the protection of human rights.
(6) The Commission shall promote understanding and awareness of the importance of human rights in Northern Ireland; and for this purpose it may undertake, commission or provide financial or other assistance for—
(a) research; and
(b) educational activities.
(7) The Secretary of State shall request the Commission to provide advice of the kind referred to in paragraph 4 of the Human Rights section of the Belfast Agreement.
(8A) The Commission shall publish a report of its findings on an investigation.
(8) For the purpose of exercising its functions under this section the Commission may conduct such investigations as it considers necessary or expedient.
(9) The Commission may decide to publish its advice and the outcome of its research . . . .
(10) The Commission shall do all that it can to ensure the establishment of the committee referred to in paragraph 10 of that section of that Agreement.
(10A) For functions of the Commission in relation to Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement (rights of individuals), see sections 78A to 78E.
(11) In this section—
(a) a reference to the Assembly includes a reference to a committee of the Assembly;
(b) “human rights” includes the Convention rights.
(1) For the purpose of an investigation under section 69(8) the Commission may by notice in writing require a person—
(a) to provide information in his possession,
(b) to produce documents in his possession, or
(c) to give oral evidence.
(2) A notice may include provision about—
(a) the form of information, documents or evidence;
(b) timing.
(3) A notice—
(a) may not require a person to provide information that he is prohibited from disclosing by virtue of an enactment,
(b) may not require a person to do anything that he could not be compelled to do in proceedings before the High Court, and
(c) may not require a person to attend at a place unless the Commission undertakes to pay the expenses of his journey.
(4) The Commission may issue a notice under subsection (1) only if it has—
(a) considered whether the matter to which the notice relates has already been sufficiently investigated by another person, and
(b) concluded that it has not.
(5) The recipient of a notice may apply to a county court to have the notice cancelled on the grounds that the requirement imposed by the notice—
(a) is unnecessary having regard to the purpose of the investigation to which the notice relates,
(b) contravenes subsection (4) or section 69D, or
(c) is otherwise unreasonable.
(6) Subsection (7) applies where the Commission thinks that a person—
(a) has failed without reasonable excuse to comply with a notice, or
(b) is likely to fail without reasonable excuse to comply with a notice.
(7) The Commission may apply to a county court for an order requiring a person to take such steps as may be specified in the order to comply with the notice.
(8) A person commits an offence if without reasonable excuse he—
(a) fails to comply with a notice,
(b) fails to comply with an order under subsection (7),
(c) falsifies anything provided or produced in accordance with a notice or order, or
(d) makes a false statement in giving oral evidence in accordance with a notice.
(9) A person who is guilty of an offence under subsection (8) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(10) A notice under this section may not require the Public Prosecution Service for Northern Ireland to supply documents or evidence about a decision whether or not to institute or continue criminal proceedings.
(1) Where a person is given a notice under section 69A(1) he shall disregard it, and notify the Commission that he is disregarding it, in so far as he thinks it would require him—
(a) to disclose sensitive information within the meaning of paragraph 5 of Schedule 1 to the Justice and Security Act 2013 (Intelligence and Security Committee of Parliament),
(b) to disclose information which might lead to the identification of an employee or agent of an intelligence service (other than one whose identity is already known to the Commission),
(c) to disclose information which might provide details of processes used in recruiting, selecting or training employees or agents of an intelligence service,
(d) to disclose information which might provide details of, or cannot practicably be separated from, information falling within any of paragraphs (a) to (c),
(e) to make a disclosure of information relating to an intelligence service which would prejudice the interests of national security, or
(f) to make a disclosure of information relating to the Police Service of Northern Ireland which would prejudice the interests of national security.
(2) Where in response to a notice under section 69A(1) a person gives a notice to the Commission under subsection (1) above—
(a) section 69A(7) and (8) shall not apply in relation to that part of the notice under section 69A(1) to which the notice under subsection (1) above relates,
(b) the Commission may apply to the tribunal established by section 65 of the Regulation of Investigatory Powers Act 2000 (c. 23) for an order requiring the person to take such steps as may be specified in the order to comply with the notice,
(c) the following provisions of that Act shall apply in relation to proceedings under this subsection as they apply in relation to proceedings under that Act (with any necessary modifications)—
(i) section 67(7), (8) and (10) to (12) (determination),
(ii) section 68 (procedure), and
(iii) section 69 (rules), and
(d) the tribunal shall determine proceedings under this subsection by considering the opinion of the person who gave the notice under subsection (1) above in accordance with the principles that would be applied by a court on an application for judicial review of the giving of the notice.
(3) Where the Commission receives information or documents from or relating to an intelligence service in response to a notice under section 69A(1), the Commission shall store and use the information or documents in accordance with any arrangements specified by the Secretary of State.
(4) The recipient of a notice under section 69A(1) may apply to the High Court to have the notice cancelled on the grounds that the requirement imposed by the notice is undesirable for reasons of national security, other than for the reason that it would require a disclosure of a kind to which subsection (1) above applies.
(5) An investigation under section 69(8) may not consider—
(a) whether an intelligence service has acted (or is acting) in a way which is incompatible with a person's human rights, or
(b) other matters concerning human rights in relation to an intelligence service.
(6) In this section “intelligence service” means—
(a) the Security Service,
(b) the Secret Intelligence Service, and
(c) the Government Communications Headquarters.
(1) For the purpose of an investigation under section 69(8) a person authorised in writing by the Commission may enter a specified place of detention in Northern Ireland on one or more occasions during a specified period.
(2) In subsection (1) “specified” means specified in the terms of reference of the investigation.
(3) In subsection (1) “place of detention” means—
(a) a prison specified in the Schedule to the Prisons and Young Offenders Centres Rules (Northern Ireland) 1995,
(b) a place used for the purpose of detaining arrested persons in a police station designated under Article 36 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),
(c) a place designated under paragraph 1 of Schedule 8 to the Terrorism Act 2000 (c. 11) (detention),
(d) in a building where a court sits, a place used for the purpose of detaining arrested persons,
(e) a juvenile justice centre provided under Article 51 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)),
(f) the secure accommodation in Bangor provided and used in accordance with Article 44 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),
(g) a removal centre, a short-term holding facility or pre-departure accommodation within the meaning of section 147 of the Immigration and Asylum Act 1999 (c. 33), and
(h) any accommodation (including accommodation in a hospital) provided for the purpose of detention under the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).
(4) The Commission may specify a place of detention in the terms of reference of an investigation only if it has—
(a) considered whether the matter in respect of which the place is specified has already been sufficiently investigated by another person, and
(b) concluded that it has not.
(5) The power under subsection (1) may not be exercised—
(a) during the period of 15 days beginning with that on which copies of the terms of reference of the investigation are provided in accordance with section 69D(1)(b), or
(b) while an application under subsection (6), made during that period, has not yet been determined.
(6) A county court may, on the application of a person who appears to the court to be responsible for a place of detention specified in terms of reference—
(a) order that the power under subsection (1) may not be used to enter the place of detention;
(b) impose restrictions on the exercise of the power in relation to the place of detention;
(c) require the Commission to amend the terms of reference.
(7) An order may be made under subsection (6) only if the court thinks that—
(a) access to the place of detention is unnecessary having regard to the purpose of the investigation,
(b) it would be unreasonable to allow the Commission access to the place of detention, or
(c) the Commission has failed to comply with subsection (4) or section 69D.
(8) In considering whether to make an order under subsection (6), and in considering the terms of an order under subsection (6)(b), the court shall have regard, in particular, to the likely impact of the use of the power under subsection (1) on the operation of the place of detention.
(9) If a person obstructs the Commission in the exercise of the power under subsection (1) the Commission may apply to a county court for an order requiring the person not to obstruct the Commission.
(10) A person commits an offence if without reasonable excuse he fails to comply with an order under subsection (9).
(11) A person who is guilty of an offence under subsection (10) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(12) The Secretary of State may by order amend subsection (3).
(1) A power under section 69A(1) or 69C(1) may be used in relation to an investigation only if the Commission has—
(a) prepared terms of reference for the investigation in advance, and
(b) sent a copy of the terms of reference to—
(i) any person identified in them,
(ii) a person responsible for any place of detention specified in them, and
(iii) any other person whom the Commission thinks may be affected by the investigation.
(2) Terms of reference must specify a period within which the investigation must be concluded.
(3) Subsection (2) does not prevent the Commission from commencing (in accordance with this Part) a new investigation of matters arising out of, or incompletely considered in, an earlier investigation.
(1) This section applies to—
(a) proceedings involving law or practice relating to the protection of human rights which a person in Northern Ireland has commenced, or wishes to commence; or
(b) proceedings in the course of which such a person relies, or wishes to rely, on such law or practice.
(2) Where the person applies to the Northern Ireland Human Rights Commission for assistance in relation to proceedings to which this section applies, the Commission may grant the application on any of the following grounds—
(a) that the case raises a question of principle;
(b) that it would be unreasonable to expect the person to deal with the case without assistance because of its complexity, or because of the person’s position in relation to another person involved, or for some other reason;
(c) that there are other special circumstances which make it appropriate for the Commission to provide assistance.
(3) Where the Commission grants an application under subsection (2) it may—
(a) provide, or arrange for the provision of, legal advice;
(b) arrange for the provision of legal representation;
(c) provide any other assistance which it thinks appropriate.
(4) Arrangements made by the Commission for the provision of assistance to a person may include provision for recovery of expenses from the person in 00certain circumstances.
(1) Nothing in section 6(2)(c) or 24(1)(a) shall enable a person—
(a) to bring any proceedings in a court or tribunal on the ground that any legislation or act is incompatible with the Convention rights; or
(b) to rely on any of the Convention rights in any such proceedings,
unless he would be a victim for the purposes of article 34 of the Convention if proceedings in respect of the legislation or act were brought in the European Court of Human Rights.
(2) Subsection (1) does not apply to the Attorney General, the Advocate General for Northern Ireland, the Attorney General for Northern Ireland, the Advocate General for Scotland or the Lord Advocate.
(2A) Subsection (1) does not apply to the Commission.
(2B) In relation to the Commission's instituting, or intervening in, proceedings which rely on section 7(1)(b) of the Human Rights Act 1998—
(a) the Commission need not be a victim or potential victim of the unlawful act to which the proceedings relate,
(b) section 7(3) and (4) of the Human Rights Act 1998 (c. 42) (breach of Convention rights: sufficient interest, &c.) shall not apply,
(c) the Commission may act only if there is or would be one or more victims of the unlawful act, and
(d) no award of damages may be made to the Commission (whether or not the exception in section 8(3) of that Act applies).
(2C) For the purposes of subsection (2B)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) an expression used in subsection (2B) and in section 7 of the Human Rights Act 1998 has the same meaning in subsection (2B) as in section 7.
(3) Section 6(2)(c)—
(a) does not apply to a provision of an Act of the Assembly if the passing of the Act is, by virtue of subsection (2) of section 6 of the Human Rights Act 1998, not unlawful under subsection (1) of that section; and
(b) does not enable a court or tribunal to award in respect of the passing of an Act of the Assembly any damages which it could not award on finding the passing of the Act unlawful under that subsection.
(4) Section 24(1)(a)—
(a) does not apply to an act which, by virtue of subsection (2) of section 6 of the Human Rights Act 1998, is not unlawful under subsection (1) of that section; and
(b) does not enable a court or tribunal to award in respect of an act any damages which it could not award on finding the act unlawful under that subsection.
(5) In this section “the Convention” has the same meaning as in the Human Rights Act 1998.
(1) There shall be a body corporate to be known as the Equality Commission for Northern Ireland.
(2) The Commission shall consist of not less than 14 nor more than 20 Commissioners appointed by the Secretary of State.
(3) The Secretary of State shall appoint—
(a) one Commissioner as Chief Commissioner; and
(b) at least one Commissioner as Deputy Chief Commissioner.
(4) In making appointments under this section, the Secretary of State shall as far as practicable secure that the Commissioners, as a group, are representative of the community in Northern Ireland.
(5) Schedule 8 (which makes supplementary provision about the Commission) shall have effect.
(1) The functions exercisable by the bodies listed in subsection (2) shall instead be exercisable by the Equality Commission; and the bodies listed are hereby dissolved.
(2) Those bodies are—
(a) the Fair Employment Commission for Northern Ireland;
(b) the Equal Opportunities Commission for Northern Ireland;
(c) the Commission for Racial Equality for Northern Ireland;
(d) the Northern Ireland Disability Council.
(3) In exercising its functions the Equality Commission shall—
(a) aim to secure an appropriate division of resources between the functions previously exercisable by each of the bodies listed in subsection (2); and
(b) have regard to advice offered by a consultative council.
(4) In subsection (3) “consultative council” means a group of persons selected by the Commission to advise in relation to the functions previously exercisable by one of the bodies listed in subsection (2) or in relation to the Commission’s functions under Schedule 9.
(5) The Secretary of State may by order make such supplemental, incidental or consequential provision as appears to him to be appropriate as a result of subsections (1) and (2).
(6) In particular, an order may include provision—
(a) amending an enactment;
(b) for the transfer of rights and liabilities;
(c) for payments into the Consolidated Fund or to a specified person.
(7) For functions of the Commission in relation to Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement (rights of individuals), see sections 78A to 78E.
(1) A public authority shall in carrying out its functions relating to Northern Ireland have due regard to the need to promote equality of opportunity—
(a) between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation;
(b) between men and women generally;
(c) between persons with a disability and persons without;
and
(d) between persons with dependants and persons without.
(2) Without prejudice to its obligations under subsection (1), a public authority shall in carrying out its functions relating to Northern Ireland have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group.
(3) In this section “public authority” means—
(a) any department, corporation or body listed in Schedule 2 to the Parliamentary Commissioner Act 1967 (departments, corporations and bodies subject to investigation) and designated for the purposes of this section by order made by the Secretary of State;
(b) any authority (other than the Equality Commission, the board of governors of a grant-aided school, the Comptroller and Auditor General, a general health care provider or an independent provider of health and social care) listed in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (listed authorities);
(ba) the Independent Commission for Reconciliation and Information Recovery;
(cc) ... the Chief Constable of the Police Service of Northern Ireland and the Police Ombudsman for Northern Ireland;
(cd) the Director of Public Prosecutions for Northern Ireland;
(ce) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(cf) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) any other person designated for the purposes of this section by order made by the Secretary of State.
(3A) An order under subsection (3)(a) or (d) may provide that the designated department, corporation, body or other person—
(a) is not subject to, or is only subject to, specified obligations under subsection (1) or (2), or
(b) is not subject to, or is only subject to, specified obligations under subsection (1) or (2)—
(i) when exercising a specified function, or
(ii) when exercising a specified function in specified circumstances or for specified purposes.
(3B) In subsection (3A) “specified” means specified in the order.
(4) Schedule 9 (which makes provision for the enforcement of the duties under this section) shall have effect.
(4A) The references in subsections (1) and (2) and Schedule 9 to the functions of the Director of Public Prosecutions for Northern Ireland do not include any of his functions relating to the prosecution of offences or any of the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations) .
(5) In this section—
“disability” has the same meaning as in the Disability Discrimination Act 1995; and
“racial group” has the same meaning as in the Race Relations (Northern Ireland) Order 1997.
(1) It shall be unlawful for a public authority carrying out functions relating to Northern Ireland to discriminate, or to aid or incite another person to discriminate, against a person or class of person on the ground of religious belief or political opinion.
(2) An act which contravenes this section is actionable in Northern Ireland at the instance of any person adversely affected by it; and the court may—
(a) grant damages;
(b) subject to subsection (3), grant an injunction restraining the defendant from committing, causing or permitting further contraventions of this section.
(3) Without prejudice to any other power to grant an injunction, a court may grant an injunction under subsection (2) only if satisfied that the defendant—
(a) contravened this section on the occasion complained of and on more than one previous occasion; and
(b) is likely to contravene this section again unless restrained by an injunction.
(4) This section does not apply in relation to any act or omission which is unlawful by virtue of the Fair Employment and Treatment (Northern Ireland) Order 1998, or would be unlawful but for some exception made by virtue of Part VIII of that Order.
(5) Subsection (1) applies to the making, confirmation or approval of subordinate legislation only if—
(a) the legislation contains a provision which discriminates against a person or class of person on the ground of religious belief or political opinion; and
(b) the provision extends only to the whole or any part of Northern Ireland.
(6) Where it is alleged that subsection (1) applies to the making, confirmation or approval of subordinate legislation, subsection (2) shall not apply but the contravention may be relied upon in legal proceedings relating to the validity of the subordinate legislation.
(7) The following are public authorities for the purposes of this section—
(a) a Minister of the Crown;
(b) any department, corporation or body listed in Schedule 2 to the Parliamentary Commissioner Act 1967 (departments, corporations and bodies subject to investigation);
(c) any authority (other than a Northern Ireland department, the board of governors of a grant-aided school, the Comptroller and Auditor General, a general health care provider or an independent provider of health and social care) listed in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (listed authorities);
(ca) the Independent Commission for Reconciliation and Information Recovery;
(e) the Police Service of Northern Ireland, the Police Service of Northern Ireland Reserve and the Police Ombudsman for Northern Ireland;
(ea) the Director of Public Prosecutions for Northern Ireland;
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(fa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(fb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011 ) so far as carrying out functions in connection with the provision of a universal postal service (within the meaning of that Part ).
(8) This section does not apply to a decision of the Director of Public Prosecutions for Northern Ireland not to institute, or to discontinue, criminal proceedings or, where such a decision has been made, to any act done for the purpose of enabling the decision whether to institute or continue the proceedings to be made or for securing that the proceedings are discontinued.
(9) No injunction may be granted in respect of a contravention of this section by the Director of Public Prosecutions for Northern Ireland unless the court is satisfied that it would not prejudice any decision to institute criminal proceedings or any criminal proceedings.
(10) Where a party to proceedings for a contravention of this section applies for a stay of those proceedings on the ground of prejudice to a decision to institute criminal proceedings, or of prejudice to particular criminal proceedings, the court must grant the stay unless it is satisfied that continuance of the proceedings for the contravention would not result in the prejudice alleged.
(11) The reference in subsection (1) to the functions of the Director of Public Prosecutions for Northern Ireland does not include any of the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations).
(1) Subject to subsections (2) and (3), an authority or body to which this section applies may not require a person to take an oath or make a declaration as a condition of—
(a) being appointed to the authority or body;
(b) acting as a member of the authority or body; or
(c) serving with or being employed by the authority or body.
(2) Subsection (1) shall not prevent a person being required to take an oath, or make a declaration, which is expressly required or authorised by the law in force immediately before this section comes into force.
(3) Subsection (1) shall not prevent a person being required to make a declaration—
(a) of acceptance of office;
(b) that he is qualified to act, serve or be employed in a capacity; or
(c) that he is not disqualified from acting, serving or being employed in a capacity.
(3A) Subsection (1) is subject to the requirement in section 40A for a member of the Assembly to give the undertaking set out there.
(4) This section applies to—
(a) the Assembly;
(b) any authority (other than a Northern Ireland department, the board of governors of a grant-aided school, the Comptroller and Auditor General, a general health care provider or an independent provider of health and social care) listed in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (listed authorities).
(5) Subsections (1) to (3) apply with the necessary modifications to a Minister and a Northern Ireland department.
(6) An act which contravenes this section is actionable in Northern Ireland at the instance of any person adversely affected by it; and the court may—
(a) grant damages;
(b) subject to subsection (7), grant an injunction restraining the defendant from committing, causing or permitting further contraventions of this section.
(7) Without prejudice to any other power to grant an injunction, a court may grant an injunction under subsection (6) only if satisfied that the defendant—
(a) contravened this section on the occasion complained of and on more than one previous occasion; and
(b) is likely to contravene this section again unless restrained by an injunction.
(8) In this section a reference to a declaration includes a reference to any kind of undertaking or affirmation, by whatever name.
78 Removal of restrictions on investigation into maladministration.
(1) The provisions mentioned in subsection (2) (which preclude an investigation when the person aggrieved has or had a remedy by way of proceedings in a court of law) shall not apply to an investigation of a complaint alleging maladministration involving—
(a) discrimination, or aiding or inciting any person to discriminate, on the ground of religious belief or political opinion; or
(b) a requirement in contravention of section 77 to take an oath or make a declaration (within the meaning of that section).
(2) The provisions are—
(a) section 5(2)(b) of the Parliamentary Commissioner Act 1967;
(b) section 21(1)(b) of the Public Services Ombudsman Act (Northern Ireland) 2016.
78A NIHRC functions in relation to EU withdrawal agreement
(1) The Northern Ireland Human Rights Commission must monitor the implementation of Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement (rights of individuals).
(2) The Commission must report to the Secretary of State and the Executive Office in Northern Ireland on the implementation of Article 2(1)—
(a) as soon as reasonably practicable after receipt of a general or specific request for such a report, and
(b) on such other occasions as the Commission thinks appropriate.
(3) A report under subsection (2) may require the Secretary of State or the Executive Office in Northern Ireland to reply in writing to any recommendations contained in the report, explaining what steps have been taken or are planned in response to the recommendations.
(4) On receiving a report under subsection (2)—
(a) the Secretary of State must lay a copy of it before Parliament, and
(b) the Executive Office in Northern Ireland must lay a copy of it before the Assembly.
(5) The Commission must advise the Secretary of State and the Executive Committee of the Assembly of legislative and other measures which ought to be taken to implement Article 2(1)—
(a) as soon as reasonably practicable after receipt of a general or specific request for advice, and
(b) on such other occasions as the Commission thinks appropriate.
(6) The Commission must advise the Assembly (or a committee of the Assembly) whether a Bill is compatible with Article 2(1)—
(a) as soon as reasonably practicable after receipt of a request for advice, and
(b) on such other occasions as the Commission thinks appropriate.
(7) The Commission must promote understanding and awareness of the importance of Article 2(1); and for this purpose it may undertake, commission or provide financial or other assistance for—
(a) research, and
(b) educational activities.
(8) The Commission may decide to publish its advice and the outcome of its research.
(9) The Commission may, for the purposes of Article 14(c) of the Protocol, bring any appropriate matters to the attention of the Specialised Committee referred to in that Article.
78B ECNI functions in relation to EU withdrawal agreement
(1) The Equality Commission for Northern Ireland must monitor the implementation of Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.
(2) The Commission must report to the Secretary of State and the Executive Office in Northern Ireland on the implementation of Article 2(1)—
(a) as soon as reasonably practicable after receipt of a general or specific request for such a report, and
(b) on such other occasions as the Commission thinks appropriate.
(3) A report under subsection (2) may require the Secretary of State or the Executive Office in Northern Ireland to reply in writing to any recommendations contained in the report, explaining what steps have been taken or are planned in response to the recommendations.
(4) On receiving a report under subsection (2)—
(a) the Secretary of State must lay a copy of it before Parliament, and
(b) the Executive Office in Northern Ireland must lay a copy of it before the Assembly.
(5) The Commission must advise the Secretary of State and the Executive Committee of the Assembly of legislative and other measures which ought to be taken to implement Article 2(1)—
(a) as soon as reasonably practicable after receipt of a general or specific request for advice, and
(b) on such other occasions as the Commission thinks appropriate.
(6) The Commission must advise the Assembly (or a Committee of the Assembly) whether a Bill is compatible with Article 2(1)—
(a) as soon as reasonably practicable after receipt of a request for advice, and
(b) on such other occasions as the Commission thinks appropriate.
(7) The Commission must promote understanding and awareness of the importance of Article 2(1); and for this purpose it may undertake, commission or provide financial or other assistance for—
(a) research, and
(b) educational activities.
(8) The Commission may decide to publish its advice and the outcome of its research.
(9) The Commission may, for the purposes of Article 14(c) of the Protocol, bring any appropriate matters to the attention of the Specialised Committee referred to in that Article.
78C Power of Commissions to bring, or intervene in, legal proceedings
(1) The Northern Ireland Human Rights Commission or Equality Commission for Northern Ireland may—
(a) bring judicial review proceedings in respect of an alleged breach (or potential future breach) of Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;
(b) intervene in legal proceedings, whether for judicial review or otherwise, in so far as they relate to an alleged breach (or potential future breach) of Article 2(1).
(2) Subsection (1)(a) does not create a cause of action.
78D Power of Commissions to assist persons in legal proceedings
(1) This section applies to proceedings or proposed proceedings by a person in respect of an alleged breach (or potential future breach) of Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.
(2) Where the person applies to the Northern Ireland Human Rights Commission, or the Equality Commission for Northern Ireland, for assistance in relation to the proceedings, the Commission may grant the application, so far as it relates to the alleged breach (or potential future breach) of Article 2(1), on any of the following grounds—
(a) that the case raises a question of principle;
(b) that it would be unreasonable to expect the person to deal with the case without assistance because of its complexity, or because of the person's position in relation to another person involved, or for some other reason;
(c) that there are other special circumstances which make it appropriate for the Commission to provide assistance.
(3) Where an application under subsection (2) is granted, the Commission in question may—
(a) provide, or arrange for the provision of, legal advice;
(b) arrange for the provision of legal representation;
(c) provide any other assistance which it thinks appropriate.
(4) Arrangements made under this section for the provision of assistance to a person may include provision for recovery of expenses from the person in certain circumstances.